As an employer or employee, do you know what New York law says about including a policy concerning workers with disabilities in employee handbooks: The ADA (Americans with Disabilities Act), as codified under 42 U.S.C. § 12112(b)(5), prohibits discrimination against any employee who (1) has a disability, (2) is a qualified individual, and (3) who has the ability to perform a job’s essential functions with or without a reasonable accommodation. Further, disabilities covered by the ADA include (1) a physical or mental impairment that has a substantial limitation on one or more major activities of life, (2) being regarded as having such an impairment, and (3) a record of having such an impairment. It is also crucial to note that, as codified under N.Y. Exec. Law § 296, an employer’s disability policy is required to expressly note that the employer is compliant with the NYSHRL, through which covered employers in the state are prohibited from declining or rejecting to provide reasonable accommodations to employees’ known disabilities.
To move this discussion forward, this blog post is Part VI of the series in which we have reviewed what New York law says about including provisions and statements concerning family and medical leave in employee handbooks, pursuant to the Family and Medical Leave Act (FMLA).
Including Family & Medical Leave Provisions in Employee Handbooks
The Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601–2654, is a federal law applicable to harassment, discrimination, and retaliation claims in New York. Eligible employees of covered employers are entitled to take unpaid, job-protected leave for specified medical and family matters, but with an application of similar terms and conditions of group health insurance coverage as if they had not taken the leave. We also added that it is illegal for an employer to deny, restrain, or interfere with the exercise or the attempt to exercise any right specified under the law. Moreover, we asserted that the law makes it unlawful for an employer to take adverse employment action against any employee who participates in conduct it protects.
Ideally, the FMLA covers all eligible employees, and, based on the federal law’s definition, an “eligible employee” is an employee that (1) works at a workplace where at least 50 employees have been employed by the employer and within 75 miles of that job site as of the date when a notice of the need for leave is given by the employee, (2) has worked for the employer for at least 12 months as of the date FMLA leave is to start, (3) has provided the employer with at least 1,250 hours of service during the 12-month period, right before the start of the FMLA date of leave, and (4) works for a covered employer.
Additionally, as codified under 29 U.S.C. § 2619, employers with at least 50 employees are required by the FMLA to include, in employee handbooks (if they have one in their workplaces), a statement or provision concerning family and medical leave. Additionally, as part of employer compliance with the provisions of the FMLA, 12 NYCRR 380-7.2 requires information concerning the New York Paid Family Leave Benefits Law to be posted and distributed to all employees by covered employers.
Employers should also be aware that employees or job applicants who have exercised or are willing or attempting to exercise any right under the FMLA are eligible for protection against discrimination, harassment, and retaliation under this federal law. As provided for under clause 29 U.S.C. § 2615, the FMLA protects any individual who complains about or opposes any unlawful practice under the FMLA against discrimination.
In Part VII of this series and our blog post titled “Complying with Sick Leave and PTO Requirements in Employee Handbooks,” we will review what New York law says about drafting a policy with the purpose of notifying employees about sick leave, paid time off (PTO), working hours, personal leave, vacation, and holidays.
As usual, stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!
Always Rising Above the Bar,
Isaac T.,
Legal Writer, Author, & Publisher.